HomeMy WebLinkAbout1977-01-05; Municipal Water District; Resolution 356.----
RESOLUTION NO. 356
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A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT ADOPTING LOCAL GUIDELINES OF CARLSBAD MUNICIPAL WATER DISTRICT IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
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WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT has previously adopted Resolution No. 330 on
February 19, 1975, adopting revised guidelines for the CARLSBAD
MUNICIPAL WATER DISTRICT implementing the California Environmental
Quality Act, as amended and incorporating the original guidelines
adopted April 4, 1973 by Resolution No. 295, as amended by
Resolution No. 313, adopted February 6, 1974 and Resolution No. 317, adopted on June 19, 1974; and
WHEREAS, the Board of Directors of CARLSBAD MUNICIPAL WATER DISTRICT has previously adopted Resolution No. 331 on
March 20, 1975, amending Resolution No. 330 to cover additional
changes to the California Environmental Quality Act; and
WHEREAS, the California Environmental Quality Act has
I been amended again; and
WHEREAS, it is deemed to the best interest of CARLSBAD Y
MUNICIPAL WATER DISTRICT to combine the local guidelines and
amendments in one resolution.
NOW, THEREFORE, THE BOARD OF 'DIRECTORS OF CAFUSBAD
1. Resolutions No. 330 and 331 of the Board of Directors
MUNICIPAL WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
of CARLSBAD MUNICIPAL WATER DISTRICT are hereby cancelled.
2. The Local Guidelines of CARLSBAD MUNICIPAL WATER DISTRICT Implementing California Environmental
Quality Act shall be as follows:
ARTICLE I - GENERAL
Section 1 Purposes. This resolution implements the purposes and prov'isions of the California Environmental Quality Act (hereinafter referred to as "CEQA") and the Guidelines for Implementation of CEQA(hereinafter referred to as
"State Guidelines") which have been adopted by the California
Resources Agency. The enhancement and long-term protection
of the environment and the encouragement of public parti-
cipation in achieving these goals are objectives of this measure. (15005)
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Section 2 State Policy. The Legislature has declared that it is
the policv of the state to:
(1) * Deveiop and maintain a high-quality environment now and in the future, and take'all action necessary to protect, rehabilitate, and enhance the environmental quality of the state.
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(2) Take all action necessary to provide the people
of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental
qualities, and freedom from excessive noise.
(3) Prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wildlife
populations do not drop below self-perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history.
(4) Insure that the long-term protection of the environ- ment shall be the guiding criterion in public decisions.
(5) Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and
future generations.
(6) Require governmental agencies at all levels to develop standards and procedures necessary to protect environmental quality.
(7). Require governmental agencies at all levels to
consider qualitative factors as well as economic
and technical factors and long-term benefits and costs,
in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting
the environment. (15011)
Section 3 Additional Policies. The Secretary for Resources has
declared that the courts of this state have found the following policies to be implicit in CEQA: (1) The EIR requirement is the heart of CEQA. (County
of Inyo v. Yorty, 32 Cal. App. 3d 795).
(2) The EIR serves not only to protect the environment but also to demonstrate to the public that it is being protected. (County of Inyo v. Yorty, 32 Cal. App. 3d
795).
(3) The EIR is to inform other governmental agencies
and the public generally of the environmental impact of a proposed project. -(No Oil, Inc. v. City of Los Angeles, 13 C. 3d 68).
(4) The EIR is to demonstrate to an apprehensive
citizenry that the agency has in fact analyzed and considered the ecological implications of its action.
(People ex rel. Department of Public Works v. Bosio, 47 Cal. App. 3d 495).
(5) The EIR process will enable the public to determine
the environmental and economic values of their elected
and appointed officials thus allowing for appropriate action come election day should a majority of the voters disagree (People v. County of Kern, 39 Cal. App. 3d 380).
(6) CEQA was intended to be interpreted in such manner as to afford the fullest possible protection to the
environment within the reasonable scope of the
statutory language. (Friends of Mammoth v. Board
of Supervisors, 8 C. 3d 247). (15011.5)
Section 4 Objectives. From time to time and under circumstances as outlined by this Resolution, an environmental document must be prepared as a prerequisite to approval of a project. The function of such a document is to provide information regarding the environmental effects of proposed projects. The environmental effects set forth
in such document are to be evaluated before a project
is approved. The Board retains existing authority to balance environmental objectives with economic,
social, and other relevant objectives of the proposed project. (15012)
ARTICLE I1 - APPLICABILITY
Section 5 Scope of Applicability. This Resolution applies to
all activities which are projects as defined herein. (15014)
Section 6 Ministerial Projects.
A. Ministerial projects are exempt from the requirements of CEQA and these Guidelines and consequently no environ-
mental documents are required therefor. Generally speaking, a ministerial project is one requiring approval
by the District as a matter of law or the use of fixed standards or objective measurements without personal
judgment. Examples of such projects include, but are not limited to, individual utility service connections
and disconnections, agreements to install in-tract utility facilities to subdivisions, development of which
has been approved by other appropriate governmental
agencies, and utility service connections and disconnections
to potential customers within such subdivision.
B. The decision as to whether or not a proposed project
is ministerial in nature, and thus outside the scope of
this enactment, shall be made by the District on a
case-by-case basis or as part of these Guidelines as
hereinafter set forth. (15032, 15073)
ARTICLE I11 - DEFINITIONS
!-- Whenever the following terms are used in this Resolution, they shall have the following meaning unless otherwise expressly defined:
c r; Section 7 Approval means a decision by the District which commits it to a definite course of action with regard to a particular project. As respects any project to be under-
taken directly by the District, approval shall be deemed
to occur on the date the Board adopts a resolution
making the determination to proceed with a project, which
in no event shall be later than the date of adoption of
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plans and specifications. defined in Section 28 A (2) and (31, infra, approval
shall be deemed to occur upon the earliest commitment to issue or the issuance by the District of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate,
or other entitlement for use of the project. The mere
acquisition of land by the District, on the other hand,
shall not in and of itself be deemed to constitute approval of a project.
all environmental assessments must be completed as of the time of project approval.(l5021)
As respects private projects
For purposes of this Resolution,
Section 8 Board means the Board of Directors of District.
Section 9 Categorical Exemption means an exemption from the.
requirement of preparing a Negative Declaration or an
EIR even though the proposed project is discretionary in nature, as more particularly described in Article
VII, infra. (15023)
effects which, when considered together, are considerable
or which compound or increase other environmental impacts.
The individual effects may be changes resulting from
a single project or a number of separate projects.
(15023.5)
Section 10 Cumulative Impacts refers to two or more individual .
Section 11 Discretionary Project means a project approval of which
requires the exercise of independent judgment, deliberation or decision-making on the part of the District. (15024)
Section 12 District means the District.
Section 13 Emergency means a sudden, unexpected occurrence, invol- ving a clear and imminent danger, demanding immediate
action to prevent or mitigate loss of, or damage to, 'life, health, property, or essential public services.
Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as
well as such occurrences as riot, accident, or sabotage.
(15025
exist in the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic
significance. (15026)
Initial Studies, Negative Declarations, Notices of
Completion, and Notices of Determination. (15026.5)
Section 14 Environment means the physical conditions which
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Section 15 Environmental Documents means Draft and Final EIR'S,
Section 16 Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and
considerations pertaining to a project as specified in Sections 21100 and 21100.1 of the California
Environmental Quality Act, and may mean either a draft or a final EIR.
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(.a) Draft EIR means an EIR containing the information
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specified in Section 39 of these Guidelines, where
the District is a Lead Agency, consults with Responsible
Agencies in,the preparation of a draft EIR, the draft
EIR shall also contain the information specified in Section 39C.
(b) Final EIR means an EIR containing the information
contained in the draft EIR, comments either verbatim or in summary received in the review process, a list
of persons commenting, and the response of the Lead
Agency to the comments received. The final EIR is
discussed in detail in Section 39 L. (15027)
Section 17 EIS - Environmental Impact Statement means an EIR prepared pursuant to the National Environmental Policy
Act (NEPA). (15028)
Section 18 State Guidelines means the Guidelines for implemen-
tation of CEQA adopted by the California Resources
Agency as they now exist or hereafter may be amended.
Section 19 Feasible means capable of being accomplished in a successful manner within a reasonable period of time,
taking into account economic, environmental, social,
-. and technological factors. (15029)
Section 20 Initial Study means a preliminary analysis prepared
pursuant to Section 37, infra, to determine whether an
EIR or a Negative Declaration must be prepared. (15029.5)
Section 21 Jurisdiction by Law
A. Jurisdiction by law means the authority of any
public agency:
(1) to grant a permit or other entitlement for use,
(2) to provide funding for the project in question, or
(3) to exercise authority over resources which may
be affected by the project,
B. A city or county will have jurisdiction by law
with respect to a project when the city or county
is th.e site of the project, the area in which the major environmental effects will occur, and/or the area in which reside those citizens most directly concerned by any such environmental effects.
C. Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a Responsible Agency (See Section 291, or the Lead Agency (See Section 22). (15029.6)
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principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environment
where more than one public agency is involved in the same underlying activity. (15030)
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- Section 23 Negative Declaration means a written statement prepared - by the Lead Agency briefly describing the reasons that a
proposed project, although not categorically exempt,
will not have a significant effect on the environment and
therefore does not require the preparation of an EIR.
(15033)
Section 24 Notice of Completion means a brief notice filed with
completed a draft EIR and is prepared to send out copies for review. (See Exhibit "D") (15034)
t the Secretary for Resources as soon as a District has
Section 25 Notice of Determination means a brief notice to be
filed by the District after it approves or determines to
carry out a project which is subject to the requirements
of CEQA. (See Exhibit "C") (15035)
Section 26 Notice of Exemption means a brief notice which may be
filed by the District when it has approved or determined
to carry out a project, and it has determined that it is
ministerial, categorically exempt or an emegerncy project.
Such a notice may also be filed by an applicant where
such a determination has been made by the District, which
must approve the project. The contents of this notice
are explained in Section 35 A and B, infra. (see Exhibit
"E1') (15035.5)
Section 27 Person includes any person, firm, association, organiza-
tion, partnership, business, trust, corporation, company,
district, county, city and county, city, town, the State,
and any of the agencies and political subdivisions of such entities. (15036)
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Section 28 Project
A. Project means the whole of an action which has a
potential for resulting in a physical change in the
environment, directly or ultimately, that is any of
the following:
(1) an activity directly undertaken by the District;
(2) an activity undertaken by a person which is supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from the District;
(3) an activity involving the issuance by the District to a person of a lease, permit, license, certificate, or other entitlement for use. (15037 (a)
B. Project does not include:
(1) anything specifically exempted by state law;
(2) proposals for legislation to be enacted by the State Legis la ture ;
(3) continuing administrative or maintenance activities
such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, general policy and procedure making, (except as they are applied to specific instances covered above), feasibility or
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planning studies;
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(4) the submittal of proposals to a vote of the
people of the state or of a particular community
(including the District). (15037(b)
C. The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate govern- mental approval. (15037 (c)
Section 29 Responsible Agency means a public agency which proposes to carry out a project, but is not the lead agency for the project. It includes all public agencies other than
the lead agency which have approval power over the project. (15039)
Section 30 Significant Effect on the environment means a substan- tial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. (15040)
- Section 31 District's Staff means the District's Manager, and/or
his designee, and Engineer of the District. -
ARTICLE IV - EMERGENCY PROJECTS
Section 32 The following emergency projects do not require the
preparation of a Negative Declaration or an EIR and thus, are outside the scope of this Resolution:
a. Projects undertaken, carried out, or approved by the District to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed
as a result of a disaster in a disaster-striken area
in which a state of emergency has been proclaimed by
the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government
Code.
b. Emergency repairs to any of the District's facilities necessary to maintain service.
c. Specific actions necessary to prevent or mitigate an
emergency. .. (15025, 15071)
Section 33 Feasibility and Planning Studies of potential projects undertaken by the District are specifically expected from the requirements of CEQA and thus are outside the scope of this Resolution, although such studies may contain considerations of environmental factors incident
to the potential project. (15072)
'" F ARTICLE VI - EVALUATING PROJECTS
Section 34 Initial Review for CEQA Exemptions
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A. General Rule. The requirements set forth in these
Guidelines apply to projects which may have a signficant
effect on the environment and which involve discretionary
governmental action. Where it can be seen with certainty
that there is no possibility that the activity in question may have a significant effect on the environment,
the activity is not covered by the requirements set forth
in CEQA. However, these Guidelines should be consulted to determine the procedures necessary to verify that
conclusion.
B. Preliminary Review. At the outset a proposed activity
shall be examined by the District's staff for the
purpose of determining whether it is:
(1) not a project as defined in Section 28 supra,
(2) ministerial,
(3) an emergency project as described in Article IV, supra,
(4) a feasibility and planning study as described in
Article V, supra,
(5) a categorical exemption as described in Article
VII, infra, or
(6) involves another agency which constitutes the lead agency primarily responsible for the carrying out of
the project as described in Section 36, infra.
C. Staff Finding of No Exemption. If in the judgment of the District's staff the proposed activity does not
fall within one of the foregoing categories, it shall proceed with the project evaluation process as outlined
in Section 37, infra. Any person proposing to undertake a project as defined in Section 28 A (2) or (3) , supra
(i.e. a private project) may present his objection to
the staff's determination to the Board at its next
regular or special meeting.
D. Staff Finding of Exemption If in the judgment of
the District's staff, a proposed activity does fall within one of the categories enumerated in Subparagraph B, it shall so determine and may record its findings on a form entitled "Preliminary Environmental Assessment"
(a copy of which is attached hereto as Exhibit "A"). If exempted no further environmental assessment shall be
necessary and the proposed activity may be carried out in the manner routinely exercised by the District.
Failure of the District's staff to prepare a Preliminary Environmental Assessment on a project that is exempt
shall not affect the District's right to carry out
the proposed activity.
E. Retention of Preliminary Environmental Assessment: Availability for Inspection. The Preliminary Environmental Assessment shall be retained at the District's office as part of its usual record-keeping process, and it shall be
made available for public inspection during all regular
District office hours. Except as otherwise may be determined
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by the Board, the date of completion and signing of
the Preliminary Environmental Assessment by the Manager
shall be deemed to constitute the date of approval of the activity. (15060, 15080)
Section 35 Notice of Exemption
A. When District staff determines that a project is
exempt from the requirements of CEQA because it is an emergency project, a ministerial project or categorically
exempt, and the District approves or determines to
carry out the project, it may file a notice of exemption.
Such a notice shall include:
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(1) a brief description of the project,
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(2) a finding that the project is exempt, including a citation to the State and Local Guidelines Section
under which it is found to be exempt, and
(3) a brief statement of reasons to support the finding.
(A form of such.notice is attached hereto as Exhibit
"E1') (15074 (a)
B. Whenever the District approves an applicant's project, it or the applicant may file a notice of exemption. The notice of exemption filed by an applicant shall contain the information required in Paragraph A above, together with a certified document issued by the District stating that it has found the project to be exempt. This may be a certified copy of an existing document or record of the District.(15074(b)
C. The notice of exemption shall be filed with the County Clerk of the county or counties in which the project will be located. Copies of all such notices
shall be available for public inspection. (15074(d)
Section 36 Lead Agency
A. Staff Determination of Lead Agency; Recommendation to Board
Upon a determination that a proposed activity is discretionary in nature and is not otherwise exempt,
consideration shall be given by staff to whether
another public agency is primarily responsible for
carrying it out or approving it. Staff shall consider, among others, the following principles in determining
the' Lead Agency: (15064, 15065)
(-1) Where a project is to be carried out or approved by more than one public agency, only one public agency shall be responsible for preparation of environmental documents, and it will be the Lead Agency. Such environ- mental documents will be prepared by the Lead Agency in consultation with all Responsible Agencies. The Lead Agency's environmental documents shall be the environmen-
taldocumentation for all Responsible Agencies, Except as provided in+Section 46 of these Guidelines, such Responsible Agencies shall consider the Lead Agency's EIR
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or Negative Declaration prior to acting upon or approving the projects, and they shall certify that
their decision-making bodies have reviewed and con-
sidered the information contained in them.
(2) If the project is to be carried out by a public
agency, the Lead Agency shall be the public agency
which proposes to carry out the project.
(3) If the project is to be carried out by a non-
governmental person, the Lead Agency shall be the
public agency with the greatest responsibility for
supervising or approving the project as a whole.
(a) The Lead Agency will generally be the
agency with general governmental powers rather than
an agency with a single or limited purpose which is
involv'ed by reason of the need to provide a public service or public utility to the project; in such
cases, the single or limited purpose agency will, upon request, provide data concerning all aspects of its activities'required to furnish service to the project to the agency drafting the EIR, and no separate EIR will be required in regard to such activities.
(b) Where a city has prezoned an area, the
city will be the appropriate Lead Agency for any
subsequent annexation of the area and should prepare the required environmental document at the time of the prezoning. The city shall consult withthe local agency formation commission, and the EIR shall include
the comments of the local agency formation commission.
(4) Where more than one public agency equally meet the
criteria set forth in Subparagraph (3) above, the agency which is to act first on the project in question shall
be the Lead Agency (following the principle that the
environmental impact should be assessed as early as
possible in governmental planning).
(5) Where the provisions of Subparagraphs (21, (31,
and (4) leave two or more public agencies with a substantial claim to be the Lead Agency, the public agencies may be agreement designate which agency will be the Lead Agency. An Agreement may also provide
for cooperative efforts by contract, joint exercise of powers, or similar devices.
B. Staff Finding that District is Agency with Primary
Responsibility
If, in the judgment of the District's staff, the project
does not involve another public agency which is the Lead
Agency, it shall proceed with the project evaluation process
as outlined in Section 37, infra. Any person proposing to undertake a project as defined in Section 28 (A)(2) or (31, supra, (i.e. a private project) may present his objections to the staff's determination to the Board at its next regular or special meeting.
C, Staff Finding that Another Public Agency is Lead Agency
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If, in the judgment of the District's staff, the project
does involve another public agency which is the Lead Agency, it shall so find and shall designate the Lead
Agency on the aforementioned Preliminary Environmental Assessment. Unless otherwise required by the Board, no
further environmental assessment shall be necessary.
Whenever a determination is made that another public agency constitutes the Lead Agency for undertaking or approving a project, the District shall provide data,
upon written request of the Lead Agency concerning all aspects of the District's activities required to furnish
service to the project. The District as a Responsible Agency shall certify its review and'consideration of
the Negative Declaration or EIR prior to acting on or
approving a prbject. (15064, 15065 (b)
The Office of Planning and Research will resolve disputes
among public agencies as to which is the Lead Agency(15065.5)
D. Where the District as a Responsible Agency is called
on to grant an approval for a project subject to CEQA
for which another public agency was the appropriate
Lead Agency, the Responsible Agency shall either
(1) refuse to act on the project, or
(-2) begin to act as the Lead Agency when the following
conditions occur:
(a) the Lead Agency did not prepare any environ-
mental documents for the project, and
(b) the statute of limitations has expired for a challenge to the action of the appropriate Lead
Agency. (15065 (e)
E. Limitations on Local Responsible Agencies
In applying the duty to mitigate or avoid significant effects on the environment whenever it is feasible to
do so, the scope of concern of the District which is functioning as a Lead Agency shall differ from that of the District which is functioning as a Responsible Agency. The District functioning as a Lead Agency shall consider the significant effects, both individual
and cumulative, of all activities involved in the
project. The District functioning as a Responsible
Agency shall have responsibility for considering only
the significant effects of those activities which it is
required by law to carry out or approve that are involved in a project for which a Lead Agency has prepared an
EIR. (-15090)
Section 37 Initial Studv Procedures
A.
of Data; Costs
Upon a determination that a project is discretionary and
Is not otherwise exempt, and that the District is the
Undertaking of Initial Study; By Whom, Submission
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Lead Agency, it shall conduct an Initial Study to determine if the proposed project may have a signi-
ficant effect on the environment, unless the District can determine that a project will clearly have a significant effect. If any aspects of the project,
either individually or cumulatively, may cause a significant effect on the environment, regardless
of whether the overall effect of the project is
adverse or beneficial, then an EIR must be prepared.
All phases of project planning, implementation, and operation must be considered in the Initial Study of
the project.
the Lead Agency may use an Initial Study prepared pursuant to the National Environmental Policy Act.
To meet the requirements of this section,
The purposes of an Initial Study are to:
(1) identify environmental impacts;
(2) enable an applicant or Lead Agency to modify a projkct, mitigating adverse impacts before an EIR is written;
(3) focus an EIR, if one is required, on potentially significant environmental effects;
(4) facilitate environmental assessment early in the design of a project;
(-5) provide documentation of the factual basis for
the finding in a Negative Declaration that a project will not have a significant effect on the environment;
(6) eliminate unnecessary EIR's.
An Initial Study shall contain the following:
(1) a description of the project;
(2) an identification of the environmental setting;
(-3) an identification of environmental effects by use
of a checklist, matrix, or other method:
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(-4) a discussion of ways to mitigate the significant
effects identified, if any;
(5) an examination of whether the project is compatible with existing zoning and plans; and
(-6) the name of the person or persons who prepared or participated in the Initial Study.
The Initial Study shall be used to provide a written
determination of whether a Negative Declaration or an
EIR shall be prepared for a project.
Where a project is revised in response to an Initial Study so th,at potential adverse effects are mitigated to a point where no significant environmental effects would occur, a Negative Declaration shall be prepared
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instead of an EIR. If the project would still result in one or more significant effects on the environment
after mitigation measures are added to the project,
an EIR shall be prepared.
As to projects defined in Article 111, Section 28 A(1),
supra, of this Resolution, the Initial Study shall be undertaken by the District's staff or by private experts
pursuant to contract with the District.
As to projects defined in Article 111, Section 28 A(2) and 28 A(3), supra, the person or entity proposing to
carry out the project shall submit all data and infor-
mation as may be required by the District to prepare
the Initial Study. Such data and information shall
consider all factors enumerated in Paragraph B, infra.
All costs incurred by the District in reviewing the
data and information submitted by said person or entity,
or in conducting its own investigation based upon such
data and information for the purpose of determining whether the proposed project might have a significant
effect on the environment shall be borne by the person or entity proposing to carry out the project. The
District may also require such person or entity to specify to the best of his knowledge which other public
agencies will have jurisdiction by law over the project.
(15080).
B. Evaluating Environmental Significance
In determining whether a project may have a significant
effect on the environment, the District shall consider both primary and secondary consequences. A project will normally have a significant effect on the environment if: it will:
(1) conflict with adopted environmental plans and
goals of the community where it is located;
(2) have a substantial, demonstrable negative aesthetic
effect;
(3) substantially affect a rare or endangered species
of animal or plant or the habitat of the species;
(4) interfere substantially with the movement of any resident or migratory fish or wildlife species;
(5) breach published national, state, or local standards
relating to solid waste or litter control;
(-6) substantially degrade water quality;
(.7) contaminate a public water supply;
(-8) substantially degrade or deplete ground water resources;
(9) interfere substantially with ground water recharge:
(10) disrupt or alter an archaeological site over 200 years
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old, an historic site or a paleontological site
except as part of a scientific study.of the site:
(11) induce substantial growth or concentration of
population;
(12) cause an increase in traffic which is subs'tantial in relation to the existing traffic load and capacity of the street system;
(13) displace a large number of people;
(14) encourage activities which result in the use of large amounts of fuel, water, or energy:
(15) use fuel, water, or energy in a wasteful manner;
(16) increase substantially the ambient noise levels for adjoining areas;
(17) cause substantial flooding, erosion or siltation;
(18) hazards ;
expose people or structures to major geologic
(-19) extend a sewer trunk line with capacity to serve new development:
(20) substantially diminish habitat for fish, wildlife or plants;
(21) disrupt or divide the physical arrangement of an
established community;
(22) create a public health hazard or a potential
public health hazard;
(23) conflict with established recreational, educational, religious or scientific uses of the area;
(24) violate any ambient air quality standard, contri- bute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. (15081)
C. Mandatory Findings of Significance
A project shall be found to have a significant effect
on the environment if;
(1) the project has the potential to degrade the quality of the environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the
major periods of California history or prehistory;
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(-2) the project has the potential to achieve short-term environmental goals to the disadvantage of long-term
environmental' goals;
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(3) the project has possible environmental effects which are individually limited but cumulatively
considerable. As used in the subsection, "cumulatively
considerable" means that the incremental effects of
an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects;
(4) the environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. (15082)
D. Staff Recommendation; Board Action
Staff shall submit its recommendation as to whether a proposed project may or may not have a significant
effect on the environment to the Board which recommen-
dation shall be submitted on a form entitled "Environrnen-
tal Impact Assessment" (a copy of which is attached hereto as Exhibit "B"). If the Board finds at a regular
or special meeting that the proposed project will not have a significant effect on the environment, it shall order the preparation and filing of a Negative Declaration in accordance with the provisions of Section 38, infra.
If, on the other hand, the Board determines that it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment or that there is serious public controversy concerning the environmental effect of a
project, it shall order the preparation and filing of
an EIR in accordance with the provisions of Section 39,
infra. (-15084)
E. Public Participation
Members of the public may appear before the Board and
present their views prior to the Board's determination
under this section. (15164)
Section 38 Negative Declaration
Following the initial study as described in Section 37, supra, a Negative Declaration shall be prepared for
all discretionary projects not otherwise exempt upon
a finding by the Board that the project will not have
a significant effect on the environment. Before comple- tion of a Negative Declaration, the District shall consult
with all responsible agencies (i.e. other public agencies involved in carrying out.or approving the project).
The required contents of a Negative Declaration and the
procedures to be followed in connection with the'prepara- tion thereof are as follows: (15066,15083)
A. Notice of Preparation of a Negative Declaration shall be provided by the District manager to the public at least ten (10) days prior to final adoption by the
District of the Negative Declaration. At least ten (10) days prior to the adoption of a Negative Declaration notice shall be given to all organizations and individuals
n
who have previously requested such notice and shall also be given by at least one of the following procedures :
(1) publication, no fewer times than required by Section 6061 of the Government Code, by the District in a newspaper of general circulation in the area affected
by the proposed project,;
(2) in the area where the project is to be located;
posting of notice by the District on and off site
(3) direct mailing to owners of property contiguous to to the project.
The alternatives for providing notice specified above
shall not preclude the District from providing additional
notice by other means if the District so desires, nor
shall the requirements of this section preclude the District from providing the public notice required herein
at the same time and in the same manner as public notice otherwise required by law for such project. (15083 (d) 1 .
B. Contents. A Negative Declaration shall contain the following information:
(1) a brief description of the project; including a
commonly used name for the project if any;
(2) the location of the project and the name of the project proponent;
(3) a finding that the project will not have a
significant effect on the environment;
(4) an attached copy of the Initial Study documenting
reasons to support the finding;
(5) mitigation measures, if any, included in the project
to avoid potentially significant effect. (15083(c)).
C. Public - Review. Upon completion of a Negative Declaration, the Manager or other designated person
shall cause a copy of the Negative Declaration and
the Initial Study to be filed and posted at the District's office and made available for public inspection.
(15083 (e) 1.
D. Board Approval or Disapproval of Project. Following
the filing and posting of the Negative Declaration at the
District's office, but in no event sooner than fifteen (15) days following the date of such filing and posting,
the Board may consider the project at a regular or
special meeting for purposes of approval or disapproval. Members of the public may appear before the Board and
present their views prior to the Board's determination
to approve or disapprove the project.
E. Notice of Determination. Following approval or disapproval of the project, the District shall cause to be prepared a Notice of Determination on a form
- 16 -
attached hereto as Exhibit "C" which shall contain
the following:
(1) the decision of the District to approve or disapprove the project;
(2) the determination of the District as to whether
the project will have a significant effect on the environment; and
(3) a statement of whether an EIR has been prepared pursuant to CEQA.
Said notice, with a copy of the Negative Declaration
attached, then shall be filed with the county clerk of the county or counties in which the project is
located. If the project requires discretionary
approval from a state agency, the Notice of Determina-
tion also shall be filed with the Secretary for
Resources. (15083 (f)) .
F. Posting Notice of Determination. Simultaneously
with the filing of the Notice of Determination, the
District shall cause to be posted at the District's
office a copy of the Notice of Determination.
G. Costs. As to projects covered by Article 111, Section 28 A(2) and (3) supra, the person or entity proposing to carry out the project requiring approval
by the District'shall bear all costs incurred by the
District in preparing and filing the Negative Declaration. (15053 ) '.'' Section 39 Environmental Impact Reports
Following the Initial Study as described in Section
37, supra, an EIR shall be prepared for all dis- cretionary projects not otherwise exempt upon a finding by the Board that the project may have a significant effect on the environment or that there is serious public controversy concerning the environmental effect of a project. The required contents of an EIR and the procedures to be followed in connection
with the preparation thereof are as follows:
(15084)
A. General Reauirements of EIR'S
13
(1) Environmental Impact Reports shall contain the information outlined in this,article. Each element must be covered, and when these elements are not separated into distinct sections, the documents shall state where in the document each element is discussed.
(2) Each report shall contain a brief summary of the proposed action and its consequences in language sufficiently simple that the issues can be understood
by the average member of the lay public. The EIR shall also contain a table of contents or an index.
- 17 -
n
(3) The information contained in an EIR shall
include summarized technical data, maps, plot plans,
diagrams and similar relevant information sufficient to permit full assessment of significant environmental impacts by reviewing agencies and members of the public. Placement of highly technical and specialized analysis and data in the body of an EIR should be avoided through inclusion of supporting information and analyses as appendices to the main body of the
EIR. Appendices to the EIR may be prepared in volumes separate from the basic EIR document, but shall be
available for public examination and shall be submitted to all clearing-houses which assist in public review.
(4) The EIR should be prepared using a systematic,
interdisciplinary approach. The interdisciplinary analysis shall be conducted by competent individuals, but no single discipline shall be designated or required to undertake this evaluation. Preparation of EIR's is dependent upon information from many sources, including the engineering project report and many scientific documents relating to environ- mental features. The EIR shall reference all documents used in its preparation including where possible, a citation to the page and section number of any technical reports which were used as the basis for any statements in the EIR.
(5) The EIR should discuss environmental effects in
occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need
not be discussed further in the EIR unless the Lead
Agency subsequently receives information inconsistent
with the finding in the Initial Study. A copy of the
Intial Study shall be attached to the EIR to provide
the basis for limiting the impacts discussed.
'proportion to their severity and probability of
(6) An EIR shall contain a statement briefly indicating
the reasons for determining that various effects of a
project that could possibly be considered significant
were not found to be significant and consequently were not discussed in detail in the EIR.
(7) Drafting an EIR necessarily involves some
degree of forecasting. While foreseeing the unfore-
seeable is not possible, an agency must use its best
efforts to find out and disclose all that it reasonably
can.
(8) If, after thorough investigation, a Lead Agency finds that a particular impact is too speculative
for evaluation, the agency should note its conclusion and terminate discussion of the impact. (15140)
B. Description of Project The description of the
project shall contain the followinq information but -- should not supply extensive detail-beyond that needed for evaluation and review of the environmental impact.
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(1) the precise location and boundaries of the
proposed project shall be shown on a detailed map, preferably topographic. The location of the project
shall also appear on a regional map.
(2) a statement of the objectives sought by the proposed project.
(3) a general description of the project's technical,
economic, and environmental characteristics, considering the principal engineering proposals.(l5141)
C. Organizations and Persons Consulted. The identity
of all federal, state or local agencies, other organizations and private individuals consulted in preparing the EIR, and the identity of the persons,
firm or agency preparing the EIR, by contract or
other authorization must be given. (15144)
D. Description of Environmental Setting. An EIR must include a description of the environment in the vicinity of the project, as it exists before commence-
ment of the project, from both a local and regional perspective including but not limited to water quality
aspects of the proposed project which have been previously certified by the appropriate state or
interstate organizations as being in substantial
compliance with applicable water quality standards.
Knowledge of the regional setting is critical to
the assessment of environmental impacts. Special
emphasis should be placed on environmental resources that are rare or unique to the region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining
the possible cumulative impact of such projects. (15144).
E. Environmental Impact. All phases of a project must
be considered when evaluating its impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably in separate sections or paragraphs. If
they are not discussed separately, the EIR shall include a table showing where each of the subjects
is discussed. (15140, 15143).
(1) The Significant Environmental Effects of the Proposed Project Describe the direct and indirect significant
effects of the project on the environment, giving due consideration to both the short-term and long-term
effects. It should include relevant specifics of the
area, the resources involved, physical changes, alterations to ecological systems and changes induced
. in population distribution, population concentration,
the human use of the land (including commercial and residential development) and other aspects of the resource base such as water, scenic quality and public
services. Cumulative effects shall also be discussed
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when found to be significant. (15143 (a) 1.
(2) Any Significant Environmental Effects Which Cannot be Avoided If the Proposal Is Implemented.
Describe any significant impacts, including those
which can be reduced to an insignificant level but
not eliminated. Where there are impacts that cannot
be alleviated without imposing an alternative design, their implications and the reasons why
the project is being proposed, notwithstanding their effect, should be described. Describe signi-
ficant impacts on any aesthetically valuable
surroundings, or on human health. (15143 (b) 1.
(3) Mitigation Measure Proposed to Minimize the
Significant Effects. Describe significant, avoidable, adverse impacts, including inefficient and unnecessary
consumption of energy and measures to minimize these impacts. The discussion of mitigation measures shall
distinguish between the measures which are proposed
by project proponents to be included in the project and other measures that are not included but could reasonably be expected to reduce adverse impacts. This discussion shall include an identification
of the acceptable levels to which such impacts will
be reduced, and the basis upon which such levels were identified. Where several measures are available to mitigate an impact, each should be discussed and
the basis for selecting a particular measure should
be identified. Energy conservation measures, as well
as other appropriate mitigation measures, shall be discussed when relevant. Examples of energy conser-
vation measures are provided in Exhibit "F". (15143 (c) ) .
(4) Alternatives to the Proposed Action. Describe
all reasonable alternatives to the project, or to the
location of the project, which could feasib.ly attain
the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The
specific alternative of "no project" must also always
be evaluated, along with the impact. The discussion
of alternatives shall include alternatives capable of substantially reducing or eliminating any significant
environmental effects, even if these alternatives substantially impede the attainment of the project
objectives and are more costly. (15143 (d) 1.
(5) The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement
of Long-Term Productivity. Describe the cumulative and lonq-term effects of the proposed project which adverseiy affect the state of- the environment. attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition,
the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving
an option for further alternatives, should be explained.
(But see Paragraph (91, infra) (15143 (e) 1.
Special
n
7
(6) Which Would Be Involved in the Proposed Action Should
It Be Implemented. Uses of nonrenewable resources
during the initial and continued phases of the project
may be irreversible since a large commitment of such
resources makes removal or nonuse thereafter unlikely.
Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to
a nonaccessible area) generally commit future genera- tions to similar uses. Also irreversible damage can
result from environmental accidents associated with the project. Irretrievable commitments of resources
should be evaluated to assure that such current consumption is justified. (But see Paragraph (91,
infra). (15143 (f))
(7) The Growth-Inducing Impact of the Proposed Action Discuss the ways in which the proposed project could
foster economic or population growth, either directly
or indirectly, in the surrounding environment. Included
in this are projects which would remove obstacles
to population growth (a major expansion of a waste water treatment plant might, for example, allow for construction in service areas). Increases in the
population may further tax existing community service
facilities so consideration must be given to this impact. Also discuss the characteristics of some
projects which may encourage and facilitate other activities that could significantly affect the
environment, either individually or cumulatively.
It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. (15143(g)).
Any Significant Irreversible Environmental Changes
(8) Limitations on Discussion of Environmental Impact
The information required by Subparagraphs (E) (5) and
(E) (6) of Section 39 of these Guidelines need be included only in EIR's prepared in connection with
any of the following activities:
(a) the adoption, amendment, or enactment of a plan, policy, or -ordinance of the District. .
(b) of a resolution making the determinations. the adoption by a local agency formation commission
(c) a project which will be subject to the requirement for preparing an environmental impact statement
pursuant to the requirements of the National Environ- mental Policy. (15143.1)
(9) Effects Found Not To Be Significant. An EIR shall
contain a statement briefly indicating the reason that
various possibly significant effects of a project were
determined not to be significant and were therefore not
discussed in detail in the EIR. Such a statement may be
contained in an attached copy,of an Initial Study.
(15143.5)
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(10) Incorporation By Reference
n
I
(a) An EIR may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public.
Where all or part of another document is incorporated by reference, the incorporated language shall be
considered to be set forth in full as part of the text of the EIR.
(b) Where part of another document is incorporated
by reference, such other document shall be made
available to the public for inspection at a public place or public building. The EIR shall state where the incorporated documents will be available for inspection. At a minimum, the incorporated document shall.be made available to the public in an office of the Lead Agency in the county where the project
would be carried out or in one or more public
buildings such as county offices or public libraries
if the Lead Agency does not have an office in the county.
(c) Where an EIR uses incorporation by reference,
the incorporated part of the referenced document
shall be briefly summarized where possible or
briefly described if the data or information cannot
be summarized. The relationship between the incor-
porated part of the referenced document and the EIR
shall be described. (15149)
F. Preparation of Draft EIR; By Whom
(1) the draft EIR shall be undertaken by the District's staff or by private experts'pursuant to contract with
the District. (15085)
(2) information specified in Paragraphs A,B,C,D, and E, the District shall consult with all Responsible
Agencies. In addition, if it has not already done
so, the District should also consult directly with any person or organization it believes will be concerned with the environmental effects of the project.
(3) For projects where federal involvement
might require preparation of a federal EIS, the Lead Agency under CEQA should consult with the appropriate
federal agency on the need for an EIS. If both an EIR and EIS are needed, the documents should be prepared
jointly where federal regulations or procedures allow,
or the EIR should be prepared pursuant to Section 15063(b)
of the State Guidelines. Preparation of a separate EIR and EIS for the same project should be avoided, if
possible.
Before completing a draft EIR consisting of the
(15085 (b)
1 G. Completion of Draft EIR; Notice of Completion
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Upon completion, the draft EIR shall be presented to
the Board for review at a regular or special meeting.
If the Board finds the draft EIR to be in order, it
shail authorize the Manager to file a Notice of Completion with the Secretary for the Resources Agency on a form attached hereto as Exhibit "D" . Said Notice
shall contain the following:
(1) a brief description of the proposed project;
(2) the location of the proposed project:
(3) information indicating where copies of the draft
EIR are available for review; and
(4) the period during which comments will be received.
Filing shall be deemed complete when the Notice of Completion has been deposited in the United States mail-addressed to the Secretary for Resources, or
when delivered in person to the Office of the Secretary.
(15085 (c) 1.
H. Posting of Notice of Completion. Simultaneously with the filinq of a Notice of Completion, the District shall cause a copy of said Notice to be posted at
the District's office and two other public places
within the District as follows:
I. Review of Draft EIR by Other Public Agencies and Persons with Special Expertise
(1) General
(a) After filing and posting a Notice of Comple- tion, the District shall submit copies of the draft
EIR for review and shall consult with and attempt to
obtain comments from all public agencies having jurisdiction by law over the proposed project. The
identity of those public agencies having jurisdiction
by law over the project shall be determined on a case- by-case basis or as otherwise determined by the Board.
Draft EIR's and Negative Declarations shall be submitted to the State Clearinghouse where a state agency is
a Responsible Agency.
(b) The District may send copies of the draft
EIR to public agencies or persons with special ex-
pertise whose comments relative to the draft EIR would be desirable.
(c) Each public agency and/or person to whom a
draft EIR is sent shall be advised in writing that they may submit written comments to the District within the time established for review under Paragraph 2, infra.
(15161, 15161.5)
I- 23 -
r!
n
(2) Time for Review. At the time the Board authorizes
the filing of the Notice of Completion it shall establish
a time period so as to permit adequate review of and comment on the draft EIR by such public agencies or persons. The period of time, to be established at the
discretion of the Board, shall be based upon the size
and scope of the proposed project; however, in no event shall the review period be less than thirty (30)
days and no more than ninety (90) days, except in onusual circumstances, after the date of mailing or
on delivery in person. If a state agency is a Responsible Agency, the review period shall be no
less than forty-five (45) days unless a shorter period
is approved.by the State Clearinghouse. (15160)
(3) Failure to Comment. In the event a public agency or person whose comments on a draft EIR are solicited
pursuant to Subparagraph 1, supra, fails to comment
within the time period established pursuant to
Subparagraph 2, supra, it shall be presumed, absent a written request for a specific extension of time for
review and comment, together with the reasons therefor, that such agency or person has no comment to make. Any
extension of time granted by the District shall be reasonable under the circumstances, but ordinarily
shall not cover a period greater than the time period initially established for review and comment pursuant to Subparagraph 2, supra. (15162)
(4) Continued Planning Activities. Continued planning activities concerning the proposed project, short of formal approval thereof, may continue during the period set aside for review and comment on the draft EIR. (15160 (d) .
J. .Availability of the Draft EIR for Review
(1) After completing a draft EIR, the District shall consult with and obtain comments from public agencies having jurisdiction by law with respect to the project
and should consult with persons having special expertise
with respect to any environmental impact involved. The
District shall provide the general public with an opportunity to comment on the EIR.
(2) The District shall provide public notice of the
completion of a draft EIR at the same time as it sends
a Notice of Completion to the Resources Agency. Notice
shall be mailed to all organizations and individuals
who have previously requested such notice and shall also
be given by at least one of the following procedures:
in a newspaper of general circulation in the area affected by the proposed project;
(a) publication at least one time by the District
(b) posting of notice by the District on and off
the site in the area where the project is to be located;
- 24 -
(c) direct mailing to owners of property contiguous to the project.
(3 in
Di
1 The alternatives for providing notice specified Subparagraph (21, supra, shall not preclude the
strict from providing additional notice by other
means if the District so desires, nor shall the
requirements of this section preclude the District from providing the public notice required by this
section at the same time and in the same manner as public notice otherwise required by law for such
project.
(4) The District shall use the State Clearinghouse to distribute EIR's and other environmental documents to state agencies for review and should use area
wide clearinghouse to distribute the documents to regional and local agencies.
(5) To make copies of EIR's available to the public, the District should furnish copies of draft EIR's to appropriate public library systems, i.e., to
(6) from the District (shall) (may) be charged the actual cost of reproducing it.
(7) The District should compile listings of other agencies, particularly local agencies, which have jurisdiction by law and/or special expertise with respect to various projects and project locations. Such listings should be a guide in determining which agencies should be consulted with regard to a particular project. (15085 (d)
Any person requesting a copy of the draft EIR
K. Public Hearings
(1) General. From time to time, depending upon
the nature and location of a proposed project, the
Board in its discretion, may find it desirable to conduct a public hearing on the environmental impact
thereof. In such event the public hearing shall be
conducted subsequent to the filing and posting of
the Notice of Completion, but in no event sooner
than fourteen (14) days thereafter. The draft EIR shall be used as the basis for discussion during any
public hearing that may be held.
(2) Notice. Notice of the time and place of the public hearing shall be published once in a newspaper of
general circulation which is printed, published and
circulated within the District. If there is no such newspaper, it may be published in a newspaper of general circulation within the District and it shall
be posted at three public places within the District, one of which shall be at the principal offices of the District. Publication or posting shall be done at least
- 25 -
II
P
fourteen (14) days prior to the date set for public
hearing. Said Notice also shall indicate where the draft EIR is available for review.
(3) Public Hearing During Regular Meeting. A public hearing may be scheduled to be conducted during the course of a regular meeting of the Board.
(4) Procedures for Conducting Public Hearings. The procedures for the manner of conducting the public hearings shall be prescribed by the Board at the time the hearing convenes. Members of the public who attend shall be afforded the opportunity to participate in the hearing process. (15165, 15085 (d) (7) 1.
L. Final EIR
(1) Preparation. Following the receipt of comments
on the draft EIR by other public agencies and persons with special expertise as required by Subparagraph
I if'a public hearing has been held pursuant to Subparagraph K, following such hearing, comments that
have been received shall be evaluated and then a final
EIR shall be prepared. (15085(f), 15146)
(2) Contents. The final EIR shall consist of the
draft EIR or a revision thereof; a section containing a statement of the comments received through the
review and consultation process set forth in Subpara- graphs I and K, either verbatim or in summary; a list
of persons, organizations and public agencies commenting on the draft EIR; and a section containing a response to the significant environmental points that are raised in the review and consultation process. (15146 (a) )
The response of the District to comments received
may take the form of a revision of the draft EIR
or may be an attachment to the draft EIR. The response shall describe the disposition of significant
environmental issues raised (e.g. revisions to the
proposed project to mitigate anticipated impacts
or objections). In particular the major issues raised when the District's po.cition is at variance
with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors of over-riding importance warranting an
over-ride of the suggestions. (15146 (b) 1.
M. AdODtion of Final EIR bv Board: Board Amroval
or Disapproval of Project.
(1) Following preparation of the final EIR, it shall be presented to the Board at a regular or special
meeting. If the Board finds the final EIR to be in order it shall certify
(a) that the final EIR has been completed in
compliance with CEQA and the State Guidelines, and
- 26 -
(b) that the Board has reviewed and considered
the information contained in the EIR prior to approval of the project.
If the Board so certifies, it may proceed immediately
to consider the proposed project for purposes of
approval or disapproval. Members of the public may
appear before the Board and present their views prior to the Board's determination to approve or disapprove
the project. (15085 (9) 1 *&
rl
(2) The District shall not approve or carry out a project for which an EIR has been completed which
identifies one or more significant effects of the project unless the District makesoneor more of the
following findings:
(a) changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR;
(b) such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the District. Such changes have been adopted by such other agency or can and should
be adopted by such other agency.
(c) Specific economic, social, or other considera- tions make infeasible the mitigation measures or project alternatives identified in the final EIR. (15088)
(3) The finding in Subparagraphs (2) (b) , supra,
shall not be made if the District has concurrent
jurisdiction with another agency to deal with
identified feasible mitigation measures or alternatives.
N. Notice of Determination. Following approval or
disapproval of the project, the District shall cause to be prepared a Notice of Determination on a form
attached hereto as Exhibit "C" which shall contain the following:
(1) an identification of the project by its common name
where possible;
(2) the decision of the District to approve or carry out the project;
!j (3) the determination of the District whether the project in its approved form will have a significant effect on the environment; and
(4) a brief statement of the mitigation measures which
were adopted by the District to reduce the impacts of
the approved project; and
(5) a statement that an EIR was prepared pursuant to the
provisions of CEQA and was certified pursuant to Section
- 27 -
15085 (g) of the Secretary for Resources' Guidelines.
(15085 (h) )
Said Notice shall then be filed with the County Clerk of the County or Counties in which the project is
located. If the project requires discretionary approval from a state agency, the notice shall also be filed
with the Secretary for Resources. (15085 (h) (2)
0. Costs. As to projects covered by Section 28 A
(2) and (3), supra, the person or entity proposing
to carry out the project requiring approval by the
District shall bear all costs incurred by the District in preparing and filing the EIR, as well as all publication costs incident thereto. (15053)
P. Timely Compliance. The maximum time limit for completion of EIR's and Negative Declarations for district activities described in Section 28 A (2) and 13) shall be one year, such time to be measured
from the date on which an application requesting approval of such activities.is received by the
District.
Reasonable extensions of the aforesaid one year time period may be made by the manager in the event that
unforeseen circumstances justify additional time and the project applicant consents thereto.
ARTICLE VI1 - CATEGORICAL EXEMPTIONS [ Section 40
The following classes of projects, in accordance with
and pursuant to Article 8 of the State Guidelines,
have been determined not to have a significant effect
on the environment, and therefore are declared to be
categorically exempt from the requirement of preparing any environmental document. The categorial exemptions
listed herein are not intended to be, and are not to be construed to be, a limitation on the categorical
exemptions set forth in Article 8 of the State Guide- lines, but are subject to the provisions of Section
15100.2 of State Guidelines. (15100)
A. Class I: Existing Facilities. Class I consists of the operation, repair, maintenance or minor altera- tion of all existing District facilities, structures,
equipment or other property of every kind which
activity involves negligible or no expansion or use
beyond that previously existing, including but not
limited to:
(1) water conveyance facilities;
(2) water connection facilities, including meter boxes;
(3) fire hydrants;
(4) storage reservoirs;
4 28 -
I
(5) pump stations;
(6) buildings; and
n
p VI
.*'J
(7 1 treatment plants ;
(8) recreational facilities. (15101)
B. Class 11: Replacement or Reconstruction Class I1 consists of replacement or reconstruction of any District facilities, structures or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure,
including but not limited to:
(1) water conveyance facilities;
(2) water connection facilities, including meter boxes;
(3) fire hydrants;
(4 storage reservoirs;
(5) pump stations;
(6 1 building; and
(7) treatment plants;
(8) recreational facilities. (15102)
C. Class 111: New Construction of Small Structures
Class 111 consists of construction of new facilities or
structures and installation of new equipment or facilities, including, but not limited to:
(1) the building of two or more such units; single family residences not in conjunction with
(2) motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction
with the building of two or more such structures;
(3) stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in
conjunction with the building of two or more such
structures. (15103)
D. Class IV: Minor Alterations to Land
Class IV consists of minor alterations in the condition of land, water and/or vegetation, including but not
limited to:
(1) small water diversion facilities;
(2) grading on land with a slope of less than ten (10) percent except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, state or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard;
- 29 -
.-”.-
-3
(3) tree removal ;
new gardening or landscaping but not including
(4) filling of earth into previously excavated land
with material compatible with the natural features of the site;
(5) : minor alterations in land, water and vegetation
on existing officially designated wildlife management areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources or greater fish production;
(6) minor temporary uses of land having negligible or no permanent effects on the environment;
(7) maintenance dredging where the spoil is deposited
in a spoil area authorized by all applicable state
and federal regulatory agencies. (15104)
E. elass V: Information Collection
Class V consists of basic data collection, research,
experimental management and resource evaluation activities which do not result in a serious or major
disturbance to an environmental resource. These
activities may be undertaken strictly for information-
gathering purposes or as part of a study leading toward
the undertaking of a project. (15106)
F. Class VI: Inspection
Class VI consists of inspection activities, including
but not limited to inquiries into the performance
of an operation and examinations of the quality,
health, or safety of a project. (.15109)
G, Class VII: Accessory Structures
Class VI1 consists of the construction or placement
or minor structures accessary to or appurtenant to existing commercial, industrial or institutional
facilities, including small parking lots. (15111)
H. Class VIII: SurDlus Government ProDertv Sales
Class VI11 consists of sales of surplus government
property except for parcels of land located in an
area of statewide interest or potential area of critical concern as identified in the Governor’s
Environmental Goals and Policy Report prepared pursuant
to Government Code Sections 65041 et seq. However,
if the surplus property to be sold is located in those
areas identified in the Governor’s Environmental Goals
and Policy Report, its sale is exempt if:
(1) the property does not have significant values for wildlife habitat or other environmental purposes, and
(-2) any of the following conditions exist:
A 30 -
-1 (a) the property is of such size or shape
that it is incapable of independent development or
use, or
(b) the property to be sold would qualify for an exemption under any other class of categorical
exemption in Article VI1 of these Guidelines, or
(c) the use of the property and adjacent property has not changed since the time of purchase by the District. (15112)
I. Class IX: Annexations of Existinq Facilities and
Lots for Exempt Facilities. Class IX consists of
only the following annexations:
(1) annexations to the District of areas containing
existing public or private structures developed to the density allowed by the current zoning or pre-
zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities.
(2) annexations of individual small parcels of the minimum size for facilities exempted by Class 111, New Construction of Small Structures. (15119)
J. Class X: Changes in Orqanizations of the District
Class X consists of changes in the organization or reorganization of the District where the changes do not'charge the geographical area in which previously
existing powers are exercised. Example include but
are not limited to:
(1) establishment of a subsidiary district;
(2) consolidation of two or more districts having identical powers;
(3) merger with a city or a district lying entirely within the boundaries of the City. (15120)
ARTICLE VI11 - RETENTION OF COMMENTS AND AVAILABILITY OF COMMENTS FOR REVIEW
7
Section 41. All written comments received on a draft EIR through
the formal consultation process provided for in Section 39 G, supra, as well as all written comments that may be received independently of said process, shall be retained at the District's office for a period of at
least one year following approval or disapproval of the project to which they relate. In addition, said comments shall be made available for public inspection at all reasonable times. (15166)
I
/
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.-
ARTICLE IX - SUBSEOUENT EIR'S
rl . .I
Section 42
be
Where an EIR has been prepared, no additional EIR need
prepared unless:
A. Substantial changes are proposed in the project which will require major revisions of the EIR, due
to the involvement of new environmental impacts not
considered in the original EIR.
B. There are substantial changes with respect to the
circumstances under which the project is to be undertaken,
such as a change in the proposed location of the project,
which will require major revisions in the EIR due to the involvement of new environmental impacts not covered
in the original EIR. (1.5067)
ARTICLE X USE OF A SINGLE EIR FOR MORE THAN ONE PROJECT
Section 43
A. Two Projects Undertaken at the Same Time. A single
EIR may he utilized to describe more than one project when the projects are essentially the same in terms
of environmental impacts. Any environmental impacts peculiar to any one of the projects must be separately
set forth and explained.
B. Later Projects. An EIR on an earlier project may
be utilized to apply to a later project if the environ-
mental impacts of the projects are essentially the same.
If there are environmental impacts applicable to the later project which were not associated with the earlier
project, the earlier EIR must be amended to separately set forth and explain said impacts. (15068)
ARTICLE XI - USE OF A
GENERAL PLAN EIR WITH SUBSEQUENT PROJECTS
Secti.on 44 The EIR on a general plan may be used as the foundation
document for EIR's subsequently prepared for specific projects within the geographic area covered by the general plan. The subsequent EIR's may reference and summarize material in the EIR on the general plan for the description of the general environmental setting and
as much of the description of the environmental impacts as applies to the specific project. Detailed information in the EIR on the specific project may be limited to a description of the project, the specific environmental
- 32 -
n .. j
setting and those impacts which are not adequately described for the specific project in the EIR on the
general plan. When a subsequent EIR refers to an EIR on the general plan for part of its description of
the environment and the environmental impacts, copies
of the EIR on the general plan shall be made available
to the public in a number of locations in the community and to any clearinghouse which will assist in public
review of the EIR. The purpose of this section is not to restrict analysis of environmental issues but is to
avoid the necessity for repeating detail from a General
Plan EIR. (15068.5)
ARTICLE XI1 MULTIPLE AND PHASED PROJECTS
Section 45 Where individual projects are, or a phased project is, to be undertaken and where the total undertaking
comprises a project with significant environmental effect, the District if it is a Lead Agency must prepare a single
EIR for the ultimate project. Where an individual project is a necessary precedent for action on a larger project, or commits the Lead Agency to a larger project,
with significant environmental effect, an EIR must
address itself to the scope of the larger project. Where one project is one of several similar projects of the District, but is not deemed a part of a larger undertaking or a larger project, the District may prepare
one EIR for all projects, or one for each project, but
shall in either case comment upon the cumulative effect. (15069)
Section 46
A. Where a large capital project will require a number
of discretionary approvals from governmental agencies
and one of the approvals will occur more than two (2) years before construction will begin, a stated EIR may be prepared covering the entire project in a
general form. The staged EIR should evaluate the
proposal in light of current and contemplated plans
and produce an informed estimate of the environmental
consequences of the entire project. The aspect of
the project before the District for approval shall be discussed with a greater degree of specificity.
B. When a staged EIR has been prepared, a supplement to the EIR shall be prepared when a later approval is
required for the project, and the information available at the time of the later approval would permit considera-
tion of additional environmental impacts, mitigation
measures, or reasonable alternatives to the project.
- 33 -
n
C. Where astatute such as the Warren-Alquist
Energy Resources Conservation and Development Act
provides that a specific agency shall be the Lead Agency for a project and requires the Lead Agency to prepare an EIR, a Responsible Agency which must
grant an approval for the project before the Lead
Agency has completed the EIR may prepare and consider
a staged EIR. (15069.5)
ARTICLE XIV - PARTIAL INVALIDITY
Section 47 In the event any part or provision of this Resolution
shall be determined to be invalid, the remaining
portions of this Resolution which can be separated
from the invalid unenforceable provisions, shall nevertheless continue in full force and effect.
1977.
ATTEST :
ADOPTED, SIGNED AND APPROVED this 5th day of January,
DONALD A. MAC LEOD A. MAC LEOD President of Carlsbad Municipal Water District and of the Board
of Directors thereof.
is/ W.D. CARMICHAEL W. D . CARMICHAEL
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof.
* 34 -
.' 2 :)
STATE OF CALIFORNIA 1
COUNTY OF SAN DIEGO )
-
1 ss
: 4 I, W.D. CARMICHAEL, Secretary of the Board of Directors
of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted by the Board of Directors of
CARLSBAD MUNICIPAL WATER DISTRICT at a regularlmeeting of said
Board held on the 5th day of January, 1977, and that it was so
' adopted by the following vote:
AYES i Directors: Carmichael, Engleman, Kelly, MacLeod and Maerkle
NOES : Directors: None
ABSENT : Directors: None
/s/ W.D. C ARMICHA EL W. D .CARMICHAEL Secretary of Carlsbad Municipal
Water District and of the Board of Directors thereof.
STATE OF CALIFORNIA 1
COUNTfr OF SAN DIEGO 1 1 ss
I, W.D. CARMICHAEL, Secretary of the Board of Directors
of CARLSBAD MUNICIPAL WATER DISTRICT, DO HEREBY CERTIFY that the
foregoing is a full, true and correct copy of Resolution No. 356
of said Board, and the same has not been amended or repealed. -
DATED :
W.D. CARMICHAEL Secretary of Carlsbad Municipal Water District and of the Board of Directors thereof.
4 ..
EXHIBIT A
PRELIMINARY-ENVIRONMENTAL ASSESSMENT
DISTRICT
(address )
Name of Project
Location -
Entity or Person Undertaking Project
A. District
B. Other
Name
Address
Staff Determination
The District's staff, having undertaken and completed a preliminary review of this project in accordance with the District's Resolution
the California Environmental Quality Act, has concluded that this project does not require further environmental assessment because:
.' . entitled "Local Guidelines of the District Implementing
-
1. The proposed action does not constitute a Project within
the meaning of Section 28.
The project is a Ministerial Project under Section 7.
The project is an Emergency Project under Section 32.
2.
3.
4. The project constitutes a Feasibility or Planning Study under Section 33.
5. The project is Categorically Exempt under Section 40.
Applicable Exemption Class
6. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency
DATE
MANAGER
EXHIBIT B
ENVIRONMENTAL IMPACT ASSESSMENT
DISTRICT
(address ) --
Name of Project
Location
Entity or Person Undertaking Project
A.
B.
District
Other
Name
Address
Staff Determination
' The District's staff, having undertaken andcompleted an Initial Study of this project in accordance with Section 37 of the District's Resolution entitled "Local Guidelines of the
District Implementing the California Environmental Quality Act", for the purpose of ascertaining whether the proposed project might
have a significant effect on the environment, has reached the following conclusion:
1. The project could not have a significant effect on the
environment; therefore, a Negative Declaration should
be prepared.
2. The project could have a significant effect on the
environment; therefore, an EIR will be required.
DATE
MANAGER
EXHIBIT C
NOTICE OF DETERMINATION
DISTRICT
TO: County Clerk County of
Responsible Agency Division
Name of Project
Location
Contact Person Area Code Phone Extension
The Board of Directors of the District,
on I 19 , took the following action concerning
the above project:
1. Determined to approve disapprove the project; and
2. Determined that the project will will. not have a significant
effect on the environment.
3. An EIR has been prepared pursuant to the provisions of
California Environmental Quality Act and was certified pursuant to Section 15085(9) of the State EIR Guidelines.
A Negative Declaration was prepared for this project
pursuant to the provisions of CEQA. A copy of the Negative Declaration is attached.
4. Mitigation measures adopted to reduce the impacts of the approved project :
DATE
MANAGER
EXHIBIT D
NOTICE OF COMPLETION
DISTRICT
(address )
Responsible Agency Division
Name of Project
Location
Contact Person Area Code Phone Extension
Project Description of Nature, Purpose, and Beneficiaries
Project Location - City
Project Location - County
Address where copy of draft EIR is available
DATE
MANAGER
EXHJBIT E
.-
NOTICE OF EXEMPTION
DISTRICT
(address)
TO: County Clerk
County of
Project Title
Project,Location -.Specific
Project Location - City County
Description of Nature, Purpose, and Beneficiaries of Project
Name of Public Agency Approving Project
- Name of Person or Agency Carrying Out Project
Exempt Status: (check one)
Ministerial - Section 15073
Declared Emergency - Section 15071
Emergency Project - Section 15071 Categorical Exemption - state type and section number
Reasons why project is exempt
Contract Person Area Code Phone Extension
If filed by applicant: 1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? -Yes no.
DATE MANAGER
EXHIBIT F
Page 1 of 2
ENERGY CONSERVATION
I. INTRODUCTION
The goal of conserving energy implies the wise and efficient use of energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption;
(2) decreasing reliance on natural gas and oil; and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in project decisions, the California Environmental Quality Act requires that EIR's
include a discussion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy.
Energy Conservation implies that a project's cost effectiveness be reviewed not only in dollars, but also in terms of energy requirements.
For many projeats, lifetime costs may be determined more by energy
efficiency than by initial dollar costs.
11. EIR CONTENTS
Potentially significant energy implications of a project should be considered in an EIR.
and potential conservation measures is designed to assist in the pre- paration of an EIR. or additional items may be needed.
The following list of energy impact possibilities
In many instances specific items may not apply
A. Project Description may include the following items.
- 1. Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project.
If appropriate, this discussion should consider the energy intensiveness
of materials and equipment required for the project.
type and end use.
2. Total energy requirements of the project by fuel
Energy conservation equipment and design features.
Initial and life-cycle energy costs or supplies,
3.
4.
Environmental Setting may include existing energy supplies B.
and energy use patterns in the region and locality,
C. Environmental Impacts may include:
1. The project's energy requirements and its energy use
, ”) EXnIBIT F
Page 2 of 2
efficiencies by amount and fuel type for each stage of the project’s
life cycle including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed.
2. The effects of the project on local and regional energy supplies and on requirements for additional capacity.
3. The effects of the project on peak and base period demands for electricity and other forms of energy.
energy standards. 4. The degree to which the project complies with existing 51
5. The effects of the project on energy resources.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and unnecessary consumption of energy during construction, operation, maintenance, and/or removal. The discussion should explain why certain measures were incorporated in the project and why other
measures were dismissed.
minimize energy consumption. 2. The potential of siting, orientation, and design to
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones] or energy systems .
5. Energy conservation which could result from recycling
efforts.
E. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy.
and unnecessary consumption of energy during the project construction,
opexation, maintenance and/or removal that cannot be feasibly mitigated.
F. Unavoidable Adverse Effects may include wasteful, inefficient
G. Irreversible Commitment of Resources may include a discussion of how the project preempts future energy development or future energy
conservation.
H. Short-Term Gains versus Long-Term Impacts can be compared
by calculating the energy costs over the lifetime of the project.
consumption of growth induced by the project.
I. Growth Inducing Effects may include the estimated energy